Employment law is constantly changing, with various new legislation in the field of, among other things, dismissal and flexible employment. We focus on employment law in the broadest sense, including individual and collective dismissals (reorganisations), changes to employment conditions and non-competition clauses. We also have extensive experience in the field of flexible employment relationships and contract agreements. Our clients are both national and international employers, (statutory) directors and employees, in virtually all sectors of the economy.
Renzo Ter Haseborg
Expelling a member from the works council is not possible under the Works Council Act (WOR) by the works council or company itself. However, a member can be excluded from acting as works council member by the court (section 13 of the WOR).
Members of the Works Council, but also, for example, members of Works Council committees, are protected against detriment under the Dutch Works Councils Act (WOR) (section 21 WOR).
In an outline letter dated 5 July 2022 , the Minister of Social Affairs and Employment (in Dutch: Minister SZW) presented a framework approach to achieve a reform of the current labour market system.
Many organisations work with self-employed workers. Whether they are called self-employed without staff, consultants or freelancers: for most organisations, it is important that these self-employed workers cannot be seen as employees. Only then Dutch dismissal law and continued payment during illness will not apply and the employer avoids additional tax assessments from the tax authorities
Inadequate performance by the employee may, under circumstances, be grounds for termination of the employment agreement. For a request for dissolution to succeed, a number of conditions must be met.